How to complain in state or india bar council
Zuniee
(Querist) 25 September 2015
This query is : Resolved
Respected Sir,
My Father in Law is an advocate by education but doesn't practice but very influential (he does unofficial money laundering and owns lots of property like shopping complex, two house and a school building) and has been filing all sorts of false cases on me and my family including IPC #498A, 307, DV, IT Act, suit for Injunction in Family Court. Since last two year we are going through hell harassment.
atleast I want complain about it in State Bar Council,
May I request experts here following,
1) Should I need to complain at State Barc council, where he has enrolled or Should I complain at Bar Council of India or at Both ?
2) Can some one guide me or provide me points on how to draft this complaint, so that it is not rejected and appropriate action is taken
Thanks!
SAINATH DEVALLA
(Expert) 25 September 2015
U said advocate by acadamics,make sure that he has enrolled himself in the bar council.
A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.
The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act.
Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules.
Removal of Defects and Request for Particulars in a Complaint
The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. He can also call the complainant to remove any defects and call for the particulars or copies of the complaint or other documents as may be considered necessary.
On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.
R.K Nanda
(Expert) 25 September 2015
better consult local lawyer.
Zuniee
(Querist) 25 September 2015
Thanks for quick response. Yes! I'm getting to know the proper procedure to file the complaint in State Bar Council (Bar Council of India is an Appellate Authority in such case)... you are reply on procedure is correct. But my worry is more on draft this complaint to State Bar Council, I have fear that it might get rejected due to poor drafting.
Plus, by claiming that he has given dowry, has he violated any Bar Council Rules ? Being Noble profession, he is claiming that he has given dowry so actually what laws of land or BCI Rules he has broken ?
SAINATH DEVALLA
(Expert) 25 September 2015
UR acquisitions may not yield favourable results. U can get it drafted by anyone who is good at english.
Guest
(Expert) 25 September 2015
Author is Posting a Query How to Take action against An Advocate Just for being his Father In Law.Any FIL whether it is an Advocate or Police Office Or Even an Ordinary person Will not Feel like Putting his Son in Law in trouble Unless his Daughter was put in deep trouble by her husband.Behave Like a Man and Sort out Your Issues Instead of concentrating on Filthy Things Like How to Trap your FIL which you Can Not Do.
Guest
(Expert) 25 September 2015
Seeking an Advise from Lawyers How to Trap an Lawyer. Great.
Rajendra K Goyal
(Expert) 26 September 2015
If he is enrolled lawyer, there can be no action for his filing cases / proceeding cases for his clients / himself.
First defend the cases against you.
Zuniee
(Querist) 26 September 2015
Respected Sirs,
I completely understand your sentiments towards fellow advocates.
1) First thing I want to make it clear that I'm not trying to trap my Father In Law, thing is he has trapped me and my entire family in many false cases, they have tried all sorts of efforts to destroy my sisters settled family, my sisters have to travel 1000 Kms to hear multiple dates in multiple cases. On top this when I have refused to their extortion call, again filed complaints and FIR in two different Police Stations citing the same reason.. They are just mere allegations one Police Station has just complaint and another one has registered F.I.R just because he is very influential person, every now and then I get a call from these station to appear in front of them.
2) I'm trying to seek relief (not even the justice), yes I’m trying to prove my and family members innocence in all these cases. Probably no one will understand the amount of pain and mental agony we are going through. Hope someone can understand taking parents and siblings to court cases, especially when parents are suffering from old age ailments, BP, Sugar Asthma … My mother had fell in bathroom and has pubic fracture but still taking her to dates (as once judge said where is this old lady, just one day after that incident). With mere 13 years of education, I was able to give my parents a decent life at their end phase of life. Now even that is gone.
3) Yes! There were temperamental differences, as my wife wanted to lead a luxury life and is so materialistic that everything is money for her, there is nothing else. Rt after two days of marriage I took her to city where I work and believe it or not for 1.5 Years any of my family visited us, wherein it is her siblings and parents regularly visited. I use to barrow my friends car just to keep with their demands and life style stature, all they wanted to eat is Pizza, Burgers rather jawar roti. They treated me like their slave, I said fine to hell with my self-respect but need to have peaceful life. Just one month before marriage she started saying will go abroad for honeymoon, tried explaining her financial implications but was blind by love to her beauty, It took 3 years for me to pay honey moon money. Fine never complained to any one, on two three occasion was slapped on my face, just because I was finishing my office till late night in different hall, dragged to by shirt caller. I said fine, all those days I was under one assumption “karma of my previous life” but why my bad fate should cause harm to my family. And, usual there was no hope and mind was wandering about only one thing “How to end this life, how to say Sorry to family for not being there”
4) Can you imagine every time I apply for certified copies it takes 15 to 20 days to get them, again it is so clearly visible that he has used his influence?
5) You say I’m talking to you advocates to trap another advocates, what you have to say to my advocates who are defending me in these false cases, My FIL is showing vengeance against them he has stopped evening looking at them forget about wishing them Greetings for the day, picking up theirs other clients and ill advising them, doing bad mouth about my lawyers in Bar Associations itself, raising concerns about their ability as lawyers and voting rights in association elections. On top of this he went to my only senior lawyer saying, how dare you to take this case for bail. (Will not forget those days, had to beg and arranged the money for Bail). Was beaten by police black and blue, couldn’t lift my both hands for 1 weeks, I still remember that Leather Belt and PSI face. (By the way God Still there, that PSI was suspended in some other case and after reinstating to remote village, villagers have beaten him for demanding money)
6) Being in a noble profession, how can someone agree to give dowry, why not complain than why now with all the false allegations. (to put in Bar Council Rule words “An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community and an advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential”)
7) I’m talking about a crooked man who is using his daughter as money making machine, at the same claims he is lawyer (But never practices though).
8) It is known fact here that the complainant’s 498A, 307 petition prepared by himself along with a retired CMO and retired PP.
9) Till date I have not filed any counter cases nor any complaint (it’s been three years) , only option I had is this so started exploring but looks like even I should not explore this.
I know it is pretty long story, but had to say what I have gone through. Yes! I understand that it would take another 100 years for society (or at least a men to understand a fellow men) to recognize that even men goes through domestic violence and current laws are so biased that no men is safe from these false cases.
At last, once again let me clear that I’m not trying to trap any one, I’m just saying isn’t an unlawful act being a lawyer offering or taking dowry ?,
If so what Action State or Bar Council of India can take? And, how do I initiate.
Thanks for your time and guidance.
SAINATH DEVALLA
(Expert) 27 September 2015
Is there any male in this country who marries a girl without taking a rupee from his inlaws? I presume it can be counted on fingers.
Dear querist U have received adequate response from the legal experts,now U have to start UR action locally,task the assistance of a good lawyer.
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
You can find a local lawyer who may help you to draft the complaint.
The experts have advised well.
Zuniee
(Querist) 16 October 2015
@Sainath Devalla .. The same thought process have put in male gender in trouble, legally male have lost right to peacefully coexist. This is very thought make you also as part of problem too.
Respected Sir, Thank you very much for your suggestions.
In any case I'm not proceeding with this complaint, as it going to rough and tough for me to pursue.
SAINATH DEVALLA
(Expert) 16 October 2015
The author is more acquainted with legal aspects than all of us.
Dear Querist,
Whether to proceed or not it is your discretion,we are here only to give advices and suggestions on legal matters.
